Senior Advocate of Nigeria Mike Ozekhome has advised the leadership of the Economic and Financial Crimes Commission (EFCC) to stop the alleged “media trial” of former Kogi State governor Yahaya Bello following his reported visit to its facility on Wednesday.
He shared his views in a statement sent to Nairametrics on September 20, 2024, maintaining that the EFCC staff’s claim that it is still looking for Bello with a view to arraigning him next Thursday, despite his reported visit, is “sensational” and “unprofessional.”
Nairametrics previously reported that Ohiare Michael, Director of the Yahaya Bello media office, stated that the ex-governor reportedly visited the EFCC amid the N80.2 billion fraud case instituted against him.
However, the EFCC later stated that the former governor of Kogi State, Yahaya Bello, remains “wanted” over the N80.2 billion fraud case against him.
The EFCC, in a statement on September 18, 2024, said that media reports claiming Bello “is in the holding facility of the Economic and Financial Crimes Commission (EFCC) are incorrect.”
While the EFCC did not clarify whether the former governor visited its facility, it added that “Bello, already declared wanted by the Commission for alleged N80.2 billion money laundering charges, remains wanted with a subsisting warrant for his arrest.”
Yahaya Adoza Bello and others were accused of conspiring in February 2016 to convert N80,246,470,088.88, which was allegedly obtained through a criminal breach of trust, in violation of Section 18(a) and punishable under Section 15(3) of the Money Laundering (Prohibition) Act, 2011, as amended.
Michael issued a second statement on Wednesday, maintaining that his principal visited the facility but was turned away and not interrogated over the alleged offenses.
Reacting to the development, the senior lawyer noted that it is widely reported online and in traditional media that Bello, accompanied by his successor, Governor Usman Ododo, submitted himself to the EFCC headquarters and waited to be interviewed.
He advised the Chairman of the EFCC, Ola Olukoyede, to investigate his officers immediately over the incident and hold them accountable for allegedly embarrassing the EFCC.
He also urged Yahaya Bello to go to court and defend himself against the allegations, whether they were malicious, false, or well-founded.
However, he warned against media trials by security agencies, regardless of the alleged offences they are prosecuting.
He said, “Pictures showed that he (Bello) even met physically with the Chief of Staff to the EFCC Chairman, Mr. Michael Nzekwe (a senior lawyer and experienced investigator), but was told to go home; only for the same EFCC to lay siege much later on the Kogi State government lodge in Abuja, allegedly seeking to arrest the same Bello who had earlier in the day voluntarily submitted himself for interrogation. It just does not add up. And it just does not make sense to me at all.
“But the EFCC should also allow Bello to have his day in court like other Nigerian citizens, under a conducive atmosphere devoid of media trials, harassment, and intimidation, to ensure a fair trial.
“After all, the Nigerian criminal justice system follows the accusatorial Anglo-Saxon model (where a citizen’s innocence is presumed), as opposed to the inquisitorial French model (where guilt is presumed). This presumption of innocence is entrenched in Section 36 of the 1999 Constitution.
“A media trial, such as we have witnessed since April this year, violently detracts from fair trial principles, as it tarnishes an otherwise innocent accused person with an already guilty paintbrush of shame, odium, obloquy, derision, and dehumanization even before he has been arraigned, tried, and found guilty by a court of competent jurisdiction. It should never be.”
What you should know: Recall that the Federal High Court in Abuja had refused to suspend the fraud case instituted against the former governor after more than four proceedings in which the ex-governor was absent due to a legal dispute put forward by his legal team.
The anti-graft agency also obtained a bench warrant from the Federal High Court in Abuja against the former governor regarding its criminal charges following his non-appearance.
Bello’s legal team appealed, but the trial court has maintained that the criminal case must continue in line with court rules.
However, separate sittings of the Appeal Court stayed the execution of all proceedings in the suits filed at the Kogi State High Court by Bello and also ordered him to stand trial at the Abuja High Court.
The EFCC and other security agencies had declared Bello wanted, citing their inability to track his whereabouts or arrest him.
The EFCC accused the Kogi State government of using its “immunity” to shield Bello.
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